One Day Divorce In Sacramento, Part 2

On behalf of Miller & Associates, Attorneys LLP on Friday, May 31, 2013.

To continue in the Sacramento One Day Divorce program, the parties must each prepare their Preliminary Declaration of Disclosure and list every asset and debt they acquired during marriage. All assets and debts, whether they are community property or separate property have to be listed. All income and income producing opportunities (i.e. business and investment opportunities) must be listed. This is an important part of the Sacramento divorce process and each party has a legal responsibility under penalty of perjury to list all assets and debts. It is already a major temptation for angry spouses to avoid disclosing every asset and debt in their PDD. If an asset or debt goes undisclosed (intentionally or accidentally) in the Sacramento One Day Divorce program, it could allow a future Sacramento judge to throw out the entire property division portion of the judgment! It could also allow the spouse who did not receive full disclosure to sue for their share of the omitted asset(s) and reopen major portions of the Sacramento divorce case.

Assuming the parties can craft their PDD and list all assets, debts, income and investment opportunities, they must create their marital settlement agreement (or MSA). In their MSA, they will list how they are dividing up the property and debts. They will also have to address long-term spousal support. This issue is complicated and unless the parties agree to waive spousal support (which is not advised without speaking to a lawyer), the court cannot proceed without leaving the spousal support issue unresolved for a future time. Also, custody and visitation of the children and tax issues are among the important issues the parties need to discuss and resolve. If there is no agreement on one or more of these issues, the parties cannot obtain a full One Day Sacramento Divorce.

If you are interested in a One Day Divorce, but are unsure if it will benefit your case, please give us a call. We can help you understand the entire divorce process and the advantages and disadvantages of pursuing the One Day Divorce program without any attorney representation. We can also help you understand your legal options a in a free half-hour attorney consultation.

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